Ordinance No. 1,209ORDINANCE NO. 1209
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER
FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE
SUM OF THREE HUNDRED THIRTY -SIX AND 96/100
($33 DOLLARS TO JUANITA T. BAILEY
FOR THE ACQUISITION OF A PERMANENT EASEMENT 20 FEET
IN WIDTH AND A TEMPORARY CONSTRUCTION EASEMENT 30 FEET
IN WIDTH AS HEREIN DESCRIBED REQUIRED FOR PUBLIC USE,
FOR INSTALLATION OF A NEW SANITARY SEWER LINE; REQUIRING
THAT SUCH OFFER BE ACCEPTED WITHIN FIVE (5) DAYS; DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
IN THE EVENT SUCH OFFER IS REFUSED; PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown now finds and determines
that public convenience and necessity require that the City of Baytown acquire
the following described interests in the following described tract or parcel
of land, to -wit:
BEING a permanent easement 20 feet in width and a temporary construction
easement 30 feet in width; said construction easement lying parallel to
and wholly on the south side of the aforementioned 20 foot wide permanent
easement; said easements being over and across that certain 1.38 acre Bailey
tract of land out of the William Scott Upper League, Survey A -66; centerline
of said 20 foot wide permanent easement being the South line of an existing
easement conveyed to the City of Baytown by 0. P. Bailey et ux Juanita by
deed ,recorded in Volume 3583 at Page 544 of the Harris County Deed Records
Harris County, Texas.
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
Section 1: That the City Attorney be, and he is hereby, authorized and
directed to make an offer of Three Hundred Thirty -Six and 96/100 ($336.96)
DOLLARS for the said tract above described to Juanita T. Bailey believed
to be the true owner of said property, or to the actual real and true owner
or owners thereof, whether herein correctly named or not, for the acquisition
by the City of Baytown of the following described interest in the said tract,
to -wit: a permanent easement 20 feet in width and a temporary construction
easement 30 feet in width, which said interest in said tract is required
for the following public purpose, to -wit: to install new sanitary sewer
Tine in Baytown, Harris County, Texas.
Section 2: Such offer shall provide that if it should not be accepted
within five (5) days after receipt, the City of Baytown will consider such offer
refused and will institute condemnation proceedings.
Section 3: In the event that such offer is refused, either expressly or
by failure of the owner to unconditionally accept the same within the time
specified, the City Attorney is hereby authorized to institute condemnation pro-
ceedings on behalf of the City of Baytown under any applicable provisions of the
Taw, whether provided by Title 52 of the Revised Civil Statutes, Chapter 17 of
Title 28 of said Statutes, the Charter of the City of Baytown, or any other
provisions.
Section 4: Should such offer be accepted, the sum of money above set
forth shall be paid out of any appropriation heretofore made for the public
purpose for which the above described tract is required. Should such offer
not be accepted, the amount finally awarded to the owner in the condemnation
proceedings, plus costs, fees and expenses, shall be paid out of such funds so
appropriated.
Section 5: Effective Date: This ordinance shall take effect from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by an affirmative vote of the City Council
of the.City of Baytown on this the 6th day of April 1972.
C. GLEN WALKE ,Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
, City Attorney
-2-
THE STATE OF TEXAS I
COUNTY OF HARRIS I
I, EDNA OLIVER, the duly appointed and acting City Clerk of the City
of Baytown, Harris County, Texas, do hereby certify that this is a true
copy of Ordinance No. /d o 1 , passed by the City Council of the City of
Baytown, at a special meeting, April L , 1972.
WITNESS my hand and seal of the City this the -�L/ day of April, 1972.
Edna Oliver, City Clerk